Malpractice and the “Attorney Judgment Rule”

If an attorney makes a mistake that hurts your case you cannot automatically sue for damages on the basis of legal malpractice. Why? Because of a doctrine known as the “Attorney Judgment Rule.”

The Attorney Judgment Rule allows that attorneys who make good faith decisions that are founded on proper legal theories may not be held liable for their decisions, even if the decisions ultimately prove to be incorrect or even damaging to their client. The reasoning behind this Rule is that an attorney must be allowed some level of freedom in structuring his client’s representation. If an attorney could be sued for malpractice every time he made a difficult or controversial decision, the courts would be overwhelmed with legal malpractice cases and the entire judicial system would grind to a halt!.

The real question is whether the lawyer was negligent. If so he or she should be liable for damages. Negligence of a professional is the basis of a malpractice claim. If your lawyer’s poor choices or advice have hurt your case, give us a call at 860-561-0651 or 888-sta-nger or e mail us at info@stangerlaw.com. We’ll get down to brass tacks to determine whether you have actionable claim.